Butera v. Schaefer

—Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: In 1993, defendants entered into a contract with the United States Postal Service to provide, on a continuous basis, a 45-foot trailer, to be filled with corrugated cardboard by the United States Postal Service. When a trailer became full, defendants hauled it away and replaced it with an empty one. On October 20, 1993, plaintiff, an employee of the United States Postal Service, was injured when his right foot went through the floor of a trailer provided by defendants. Plaintiff commenced…